M.R. Shah, J. - (1.) Leave granted.
(2.) The High Court of Judicature at Allahabad by an order dated 18 January 2020 dismissed an application, being Criminal Miscellaneous Application No 9471 of 2006, instituted under Section 482 of the Code of Criminal Procedure 1973. The relief which was sought before the High Court was to quash the charge-sheet which was submitted on 26 February 2005 and further proceedings in Case No 3584 of 2006 under Sections 498A, 323 and 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act pending before the Court of the Chief Judicial Magistrate, Gautam Budh Nagar.
(3.) The first appellant is the son of the second appellant. The first appellant is a Lieutenant Colonel in the Indian Army. The second appellant is about 73 years old. The first appellant and the second respondent got married on 4 December 2003. The marriage encountered difficulties. On 8 June 2005, the first appellant filed an application under Section 9 of the Hindu Marriage Act 1955 for the restitution of conjugal rights in the Family Court at Secunderabad (OP 239/2005). On 19 July 2005, the second respondent lodged FIR No 169/05 at PS Kasna, Gautam Budh Nagar. After investigation, a charge-sheet was submitted on 26 February 2005. By an order dated 28 March 2006 the Chief Judicial Magistrate took cognizance.;